A Latin American private energy generation company and its financiers were considering litigation against a Taiwanese engineering company in relation to a distressed engineering, procurement and construction project.
We advised against litigation as a first step. Given the considerable amount of resources already spent, the potential financial benefit the company would receive by completing the project, and clear signs that neither party was acting in bad faith, we suggested that company representatives traveled to Taiwan to try to salvage the project.
Our bilingual team was able to facilitate communication between the parties and bridge other cultural and management approach gaps that were a clear impediment to reach mutual agreement on the path forward. After several serious long standing misunderstandings were cleared and trust between the parties was restored, our team was able to develop a win-win scenario that allowed for continuation of the project without “loss of face” (or cash) for either party.
With our continued involvement as sole communication channel for both parties, implementation of the project resumed. The Taiwanese company continued to receive milestone payments based on progress and the client and its financiers were once again on the right track to profit from their investment, all for a fraction of the cost of a lawsuit.